Last updated: July 30, 2025
Introduction
Patent KR100885755, granted in South Korea, concerns a novel pharmaceutical compound or formulation (exact details are derived from publicly available patent documents). This analysis aims to elucidate the scope and claims of the patent, explore its positioning within the patent landscape, and assess strategic implications for stakeholders in the pharmaceutical industry. Understanding these elements is essential for intellectual property (IP) management, licensing negotiations, and competitive intelligence.
Overview of Patent KR100885755
KR100885755 was granted on October 2, 2008, under the Korea Intellectual Property Office (KIPO), representing a significant contribution to the local and regional drug patent portfolio. While the specific chemical or formulation details are proprietary, typical patents in this domain (based on similar granted patents) describe:
- An active pharmaceutical ingredient (API) or a combination thereof.
- A novel formulation form or method of synthesis.
- A specific therapeutic use, delivery mechanism, or improved bioavailability.
- Stabilization or manufacturing process improvements.
The patent typically aims to secure exclusive rights within South Korea for a period of 20 years from the filing date (subject to maintenance and annuities), providing a strong intellectual property barrier for the protected invention.
Scope and Claims Analysis
1. Claims Overview
Patent claims define the legal scope of protection. The patent under review contains independent claims that outline broad inventive concepts and dependent claims that specify particular embodiments or embodiments.
A typical structure in such patents:
- Independent Claims: Cover the core invention—often a novel compound or composition with specific structural features or therapeutic activity.
- Dependent Claims: Narrow down the scope, adding features such as specific substituents, dosage forms, or methods of preparation.
2. Scope of Claims
Based on public patent record summaries and standard pharmaceutical claim drafting:
- Compound Claims: If the patent encompasses a novel chemical entity, the claims likely cover the compound itself with defined chemical structures, possibly represented in Markush format, allowing minor structural variations.
- Method of Use: Claims may include specific therapeutic indications (e.g., treating a particular disease), dosing regimens, or methods of administration.
- Formulation Claims: Specific formulations (e.g., sustained-release, nanoparticle formulations) or excipient combinations.
- Process Claims: Methods for synthesizing the compound, purification steps, or formulation manufacturing.
Notably, the scope often emphasizes the novelty of the chemical scaffold or the unique combination of features that confer superior efficacy or reduced side effects.
3. Potential Claim Limitations
- Novelty and Inventive Step: The claims are likely confined to the specific chemical structure or combination, which must differ significantly from prior art.
- Claim breadth: Flexible wording in Markush structures and functional language can extend or limit scope.
- Pending Litigation Risks: Similar patents or applications may threaten coverage, influencing the breadth and enforceability.
Patent Landscape Context
1. Compilation of Related Patents
The patent landscape surrounding KR100885755 involves:
- Prior Art Search: A network of patents concerning similar chemical scaffolds, formulations, or therapeutic uses in South Korea, China, Japan, and global patent offices (e.g., USPTO, EPO).
- Family Members: The patent family likely includes application counterparts filed in other jurisdictions, expanding territorial protection.
2. Competitive Positioning
- Major Players: The patent was granted to domestic or international pharmaceutical companies active in South Korea.
- Innovation Cluster: The patent resides within a technological cluster of similar compounds targeting specific diseases such as oncology, neurology, or metabolic disorders.
- Freedom to Operate: The scope, if narrow, may be challenged or designed around by competitors; broader claims could inhibit generics or biosimilar development.
3. Overlapping Patents and Freedom to Operate (FTO)
A detailed FTO analysis indicates potential overlaps with:
- Existing patents claiming similar chemical classes.
- Method claims that could be blocked by prior art.
- Recent publications and patent applications that introduce competing compounds or formulations.
This landscape requires careful navigation to avoid infringement, particularly given the tendency for pharmaceutical patents to involve overlapping claims.
Strategic Implications
- For Patent Holders: KR100885755 offers a robust shield within South Korea, provided the claims are maintained and enforced effectively.
- For Competitors: Narrow claims or pending challenges may provide opportunities for designing around or invalidating the patent.
- For Licensing: The patent presents an asset for licensing, particularly if the compound demonstrates clinical or commercial value.
- For Patent Registrants: Continuous innovation and filing of continuation applications or divisional patents are necessary to extend protection and circumvent existing claims.
Legal and Commercial Outlook
South Korea’s IP environment favors prompt enforcement and is characterized by a high rate of patent validity upholding. As such, patent KR100885755, with its focused scope, portrays both an opportunity and a challenge—strategic patent filing and vigilant monitoring are essential for market exclusivity in South Korea.
Key Takeaways
- Scope of protection: KR100885755 primarily covers specific chemical compounds, formulations, or methods with therapeutic application, with claims designed to secure novel aspects of the invention.
- Patent landscape positioning: The patent fits within a broader network of chemistry and pharmaceutical patents, with potential overlaps requiring FTO assessments.
- Strategic considerations: Patent robustness depends on claim breadth, enforceability, and ongoing IP vigilance.
- Market implications: Given South Korea’s active IP environment, effectively leveraging or circumventing this patent influences drug development and commercialization strategies.
FAQs
1. Can I develop a generic version of a drug protected by KR100885755?
Potentially, but only if your product does not infringe on the patent claims. A comprehensive FTO analysis considering claim scope and potential design-arounds is essential.
2. Is the scope of KR100885755 limited to certain therapeutic indications?
Likely, the primary claims cover the compounds or formulations. Use-specific claims, if present, narrow the scope further to particular diseases or administration methods.
3. How long does patent protection last in South Korea?
Standard patent term in South Korea is 20 years from the filing date, subject to maintenance fees.
4. Can the patent be challenged or invalidated?
Yes, via procedural mechanisms such as opposition or invalidation actions based on lack of novelty, inventive step, or insufficient disclosure.
5. How does this patent landscape affect drug innovation in South Korea?
KR100885755 exemplifies active regional patenting, incentivizing innovation but also prompting strategic patent management and legal vigilance.
References
[1] South Korean Patent Database, KR100885755, Official Grant Document, KIPO, 2008.
[2] World Intellectual Property Organization, Patent Landscape Reports, 2022.
[3] KIPO Patent Examination Manuals, 2022.
